Terms Of Use

INTRODUCTION

These terms and conditions of use apply to the use, access and availability of our website https://a-ha.com/ (the “Website”).  Our Privacy and Cookies Policy sets out how we use data relating to you. The Privacy and Cookies Policy can be found on our Website https://a-ha.com/privacy-policy.  

1. ABOUT THE WEBSITE AND THESE TERMS AND CONDITIONS OF USE

1.1. https://a-ha.com/ is a website owned and operated by Swinglong Limited, a company registered in England and Wales under company number 01960666 and with our registered office at c/o YM&U Business Management Ltd, 4th Floor, 180 Great Portland Street, London W1W 5QZ (“Swinglong”, “we”, “us” or “our”).

1.2. These terms and conditions of use apply to all use of the Website and form a legal agreement between you and us.

1.3. By using the Website (and each time you do so) you are telling us that you understand, accept, and are able to understand and accept these terms and conditions of use (including any terms incorporated into or referred to by these terms and conditions of use), and that you agree to be bound by them. If you do not agree to these terms and conditions, you must not use our Website. 

1.4. We may make alterations to these terms and conditions of use from time to time and these variations shall become effective immediately upon being accessible from this webpage. It is your responsibility to check these terms when you visit our Website to ensure that you read and understand the terms and conditions of use that apply at the time of your visit.

1.5. We may make changes to our Website from time to time to improve our Website content and offering or to reflect changing requirements of our business or of law. Due to its policy of updating and improving the Website, Swinglong may wish to change these terms and conditions of use from time to time and you agree to be bound by the terms and conditions of use which apply at the time of your use of the Website..

1.6. Nonetheless, access to our Website is permitted on a temporary basis, and we reserve the right to withdraw or amend the service we provide on our Website at any time without notice. We will not be liable if for any reason our Website is unavailable at any time or for any period.

1.7. We do not offer any direct sales via our Website. These terms and conditions of use do not cover the purchase of goods via the third party links on the Website. Such purchases are subject to the terms of sale of those third parties.

2. RIGHTS OF USE AND INTELLECTUAL PROPERTY RIGHTS

2.1. You can use the Website solely for browsing and reading information about a-ha, including obtaining our contact details for submitting your original photographs and images of the band to contribute to our Website Gallery (https://a-ha.com/gallery) or for publication on our social media sites. You can also sign up to our mailing list in order to receive information relating to a-ha news, new releases, tour dates, merchandise and pre-sales.

2.2. You must not use any part of the materials or content of the Website for commercial purposes without first obtaining a licence to do so from us or our licensors.

2.3. Subject to these terms and conditions of use and your compliance with them, we grant you a non-exclusive, non-transferable, personal, limited licence to access and use the Website solely for your private, non-commercial, personal use only. In the event that you use any of the materials or contents on our Website, you shall include an acknowledgement of our status (and that of any identified contributors) as the authors, owners and/or licensors.

2.4. This licence includes the limited right to download content, materials, data and communications temporarily, for purposes solely connected with the private, non-commercial, personal use of the Website.   You may not transfer, sub-licence or deal in this right without our prior written permission.

2.5. If you download, copy, print or otherwise use any part of the materials or contents on our Website in breach of these terms and conditions of use, your right to access and use our Website will cease immediately and you must, at our request, return or destroy any and all copies of the materials or contents that you have made.

2.6. Images (including without limitation, photographs) of people and places that are displayed on our Website or on a-ha's social media pages are either the property of or used with relevant permissions by us. The use of these images by you (or by anyone authorised on your behalf) is prohibited unless such use is specifically permitted by these terms and conditions of use or as specifically permitted elsewhere on our Website or by obtaining our prior written consent. Any unauthorised use of the images may violate copyright laws, trademark laws, data protection and privacy laws as well as other regulations and legislation.

2.7. Unless otherwise specified, all copyright, design rights, database rights, patent rights, trademark and trade dress rights and other intellectual property rights in the Website (and thereby including any materials and contents of the Website) belong to and vest in us, or are licensed to us.

2.8. All our intellectual property rights are hereby asserted and reserved.

2.9. All third party trade names and trademarks are the property of their respective owners and we make no warranty or representation in relation to them.

3. RESTRICTIONS AND OBLIGATIONS AND ACCEPTABLE USE

3.1. You agree to comply with these terms and conditions of use and all rules applicable to the use of the Website. 

3.2. You may use our Website only for lawful purposes, including compliance with any applicable local, national or international law or regulation.

3.3. You are responsible for configuring your information technology, computer programmes and platforms to access our Website. It is recommended that you use your own virus protection software.

3.4. You will not:

3.4.1. hack, attempt to hack, attack (including without limitation via denial-of-service attacks), modify, adapt, merge, translate, decompile, disassemble, reverse engineer or create derivative works of the Website or any part of it;

3.4.2. remove, disable, modify, add to or tamper with any program code or data, copyright, trade mark or other proprietary notices and legends contained on or in the Website;

3.4.3. reproduce, duplicate, copy or re-sell any part of our Website in contravention of these terms and conditions of use nor access without authority, interfere with, damage or disrupt any part of our Website, any equipment or network on which our Website is stored, any software used in the provision of our Website, or any equipment or network or software owned or used by any third party;

3.4.4. knowingly introduce viruses, Trojans, worms, logic bombs or other malicious or technologically harmful materials;

3.4.5. knowingly use the Website for a purpose of harming or attempting to harm individuals, including minors, in any way;

3.4.6. use the Website in any way which is abusive, vulgar, racist, sexist, defamatory, sexually orientated or obscene or which will harass, distress, embarrass or inconvenience any person or which might restrict or inhibit the use and enjoyment of the Website by any person;

3.4.7. create software which mimics any data or functionality in the Website;

3.4.8. use or deal in the Website except as permitted by these terms and conditions;

3.4.9. use your access to the Website, or information gathered from it, for the posting, uploading, emailing or other transmission of any unsolicited or unauthorised advertising, promotional materials, “junk mail," “spam," “chain letters," “pyramid schemes," or any other form of solicitation or commercial exploitation or unsolicited bulk email;

3.4.10. make any public, business or commercial use of the Website or any part of it;

3.4.11. provide hypertext links, URL Links, graphic links, hyperlinks or other direct connection for profit or gain to the Website without our prior written permission;

3.4.12. make the Website or any part of it available to any third party (please note this doesn’t stop you from fairly and honestly providing links to our Website or showing it to other people);

3.4.13. display, publish, copy, print, post or otherwise use the Website and the information contained therein for the benefit of any third party or web site;

3.4.14. use (including misuse) or process the Website or any part of it unfairly or for any illegal or immoral purpose;   

3.4.15. delete or obscure any copyright or other proprietary notice on the Website

3.4.16. gain unauthorised access to any part of the Website, the server on which the Website is stored or any server, computer or database connected to the Website;

3.4.17. copy or exploit any part of the Website or the content it contains; or

3.4.18. use the Website in such a way so as to remove the copyright or trade mark notice(s) from any copies of any content made in accordance with these terms and conditions of use;

3.4.19. use the Website in any way that might bring Swinglong or its affiliated organisations into disrepute; or

3.4.20. attempt to do any of the acts listed above.

4. PERSONAL INFORMATION (SUCH AS YOUR NAME, ADDRESS, AND EMAIL ADDRESS)

4.1. The information you provide about yourself to us will only be used by us in accordance with our Privacy and Cookies Policy which is available on our Website.

5. USER CONTRIBUTIONS TO THE WEBSITE GALLERY AND USER GENERATED CONTENT ON OUR SOCIAL MEDIA SITES

5.1. Our Website does not allow browsers or users to directly upload material (“User Generated Content") to the Website. Users may submit photographic images (“User Contributions”) via email to Swinglong for publication on our Website Gallery or social media pages.

5.2. Publication of original photographs or images submitted by you for our Website’s Gallery are subject to the receipt of a signed Photo Gallery Contributor Release Form and are published at our sole discretion. To submit your own photographs or images, please refer to: https://a-ha.com/gallery.

5.3. Our social media webpages do allow for the direct submission of User Generated Content, such as the posting of free-text comments or upload of images.

5.4. Submissions of User Contributions and User Generated Content must not contain any material that:

5.4.1. is defamatory of any person, obscene, offensive, hateful or inflammatory, or used to deceive any person;

5.4.2. promotes sexually explicit material, violence or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;

5.4.3. breaches any legal duty owed to a third party, such as a contractual duty or duty of confidence;

5.4.4. promotes, advocates or assists any illegal activity or unlawful act, including without limitation copyright infringement or computer misuse; or

5.4.5. threatens, invades or is abusive of another person’s privacy or is likely to harass, upset, embarrass, alarm, annoy or cause needless anxiety for any other person.

5.5. You warrant that any User Generated Content submitted by you complies with these terms and conditions of use and, in the case of User Contributions, also complies with the terms in the Photo Gallery Contributor Release Form, and you will be liable to us and indemnify us for any breach of that warranty. This means that you will be responsible for any loss or damage we suffer as a result of your breach of this warranty.

5.6. Any User Contributions you submit to the Website’s Gallery must be owned by you or, if not owned by you, you must have appropriate third party authorisation or authority to submit any User Generated Content you upload to our social media sites.

5.7. Any User Contributions and User Generated Content will be considered non-confidential and non-proprietary. You retain all of your ownership rights in the User Contributions and/or User Generated Content, but you are required to grant us a non-exclusive, perpetual, transferable, worldwide licence to use, publish, copy, store and otherwise process that content and to distribute and make it available to third parties.

5.8. Where required to do so by law, we may disclose your identity to any third party who is claiming that any User Contributions and/or User Generate Content submitted by you constitutes a violation of their intellectual property rights, or of their right to privacy. Where, and only if, required, we will notify you of this.

5.9. We have the right to remove any User Contributions and/or User Generate Content if, in our opinion, these do not comply with these terms and conditions of use or the terms of the Photo Gallery Contributor Release Form (where applicable).

5.10. We shall carefully examine any User Contributions and/or User Generated Content which a user notifies us as being inappropriate, and we shall exercise in our discretion our right to remove such content.

5.11. You are solely responsible for securing and backing up your content.

6. COPYRIGHT INFRINGEMENT NOTICE AND TAKE DOWN POLICY

6.1. We have taken all reasonable steps to ensure that material made available to you on the Website has been cleared for use. However, if you believe that there is material on the Website which you have certain intellectual property rights in and to which you have not granted permission to be used, then you should notify us in accordance with this clause.

6.2. A notice of alleged copyright infringement should be sent by email to editor@a-ha.com and such notice should contain your contact details (including, at a minimum, your full name and email address).

7. TRADEMARKS

7.1. The trademarks, logos, and service marks (collectively the “Trademarks”) displayed on the Website are registered and unregistered Trademarks of ours and others. Nothing contained on the Website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the Website without our written permission or the written permission of such third party that may own the Trademarks displayed on the Website. Your misuse of the Trademarks displayed on the Website, or any other content on the Website, except as provided in these terms and conditions of use, is strictly prohibited. You are also advised that we will aggressively enforce our intellectual property rights to the fullest extent of the law, including the seeking of criminal prosecution.

8. LIABILITY

8.1. The content on the Website has been included in good faith and is only for your general information and is for recreational use. In particular, the content does not constitute any form of advice, recommendation or arrangement by Swinglong and is not intended to be relied upon by users in making (or refraining from making) any specific decisions. YOU ARE RESPONSIBLE FOR CHECKING THE ACCURACY OF RELEVANT FACTS AND OPINIONS GIVEN ON THE WEBSITE BEFORE ENTERING INTO ANY COMMITMENT BASED UPON SUCH INFORMATION. All conditions, warranties, terms and undertakings, express or implied, statutory or otherwise, in respect of the provision of the content, are excluded to the fullest extent permitted by law.

8.2. We provide and maintain the Website for personal non-commercial use on an “as is” basis and are liable only to provide our services with reasonable skill and care. We do not guarantee that our Website will be secure or free from bugs and viruses and the content may contain inaccuracies or typographical errors. Swinglong makes no representations about the reliability, availability, timeliness and accuracy of the content.

8.3. External Sites have not been verified or reviewed by us and all use and access of External Sites is made at your own risk. We have no control over the contents of External Sites, and accept no responsibility for them or for any loss or damage that may arise from your use of them. “External Sites” means third party websites and online services other than the Website, including those to which links may appear in our Website.

8.4. We give no other warranty in connection with the Website and to the maximum extent permitted by law, we exclude liability for:

8.4.1. any loss or damage of any kind howsoever arising, including any direct, indirect, special, punitive or consequential loss whether or not that loss arises out of something of which we have been made aware;

8.4.2. the accuracy, currency or validity of information and material contained within the Website;

8.4.3. any interruptions to or delays in updating the Website;

8.4.4. any incorrect or inaccurate information on the Website;

8.4.5. the infringement by any other person of any copyright or other intellectual property rights of any third party through any use of the Website;

8.4.6. the availability, quality, content or nature of External Sites;

8.4.7. any transaction involving External Sites;

8.4.8. any transaction with a third party retailer taking place via the Website;

8.4.9. any amount or kind of loss or damage due to viruses or other malicious software that may infect a user's computer equipment, software, data or other property caused by persons accessing, using or downloading the Website or part thereof; and

8.4.10. all representations, warranties, conditions and other terms and conditions which but for this notice would have effect.

8.5. We do not warrant that the operation of the Website will be uninterrupted or error free.

8.6. We will not be liable in any amount for failure to perform any obligation under these terms and conditions of use if that failure is caused by the occurrence of an event beyond our reasonable control including Internet outages, communications outages, fire, flood, war or act of God.

8.7. Except as provided above there are no other warranties, conditions or other terms and conditions, express or implied, statutory or otherwise, and all of those terms and conditions are hereby excluded to the maximum extent permitted by law.

8.8. These terms and conditions of use shall not affect or exclude our liability for death or personal injury arising from our negligence, nor our liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, nor any other liability which cannot be excluded or limited under applicable law.

8.9. You agree not to use the Website in any way which is:

8.9.1. unlawful;

8.9.2. may give rise to civil or criminal liability for us; or

8.9.3. might call us or the Website into disrepute.

9. TERMINATION

Without limiting any other rights we may have, Swinglong may in its sole discretion immediately remove, restrict, cancel or suspend access to and use of the Website and/or any part of it, if we consider that you have breached any of these terms and conditions of use.

10. GENERAL

10.1. These terms and conditions of use are subject to your statutory and common law consumer rights and will not limit any rights you might have that cannot be excluded under applicable law. 

10.2. These terms and conditions of use and any other terms referred to herein, including our Privacy and Cookies Policy and (where applicable) Photo Gallery Contributor Release Form, constitute the entire agreement between you and us relating to your use of the Website, to the exclusion of any other terms.

10.3. Failure to enforce any of these terms and conditions of use will not be deemed a waiver of that term or right.

10.4. If any part of these terms and conditions of use is found to be unenforceable, it will be amended to the minimum extent necessary to make it enforceable and the remainder of the provisions will remain in full force and effect.

10.5. To the maximum extent permitted by the local law applicable in the country in which you obtain or use them, the Website and these terms are subject to English law.  In the event that English law cannot apply in the country you obtained or use the Website, local law will apply. The Website is intended for use and may only be used in countries where all such use is lawful.

10.6. We both agree that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with the Website (including non-contractual disputes or claims).  Notwithstanding the foregoing, nothing in these terms and conditions of use will limit or exclude your applicable mandatory consumer rights which cannot be limited or excluded under applicable law.

10.7. We will be entitled to assign and otherwise transfer the agreement covered by these terms and conditions of use by giving you reasonable notice, which may include notice given via the Website.

11. CONTACTING US (INCLUDING YOUR CONCERNS AND SENDING US MATERIAL)

11.1. All questions, comments and enquiries should be directed to us by email to info@a-ha.com, including any concerns that you may have about material which appears on our Website.

11.2. While we are always happy to hear from you, it is our policy not to accept or consider creative materials, ideas, or suggestions other than those submitted in relation to our Website Gallery or that we specifically request. This is to avoid any misunderstandings if your ideas are similar to those we have developed independently. Therefore we must request that you do not send to us any original creative materials such as music, lyrics, songs, screenplays, stories, original artwork, etc.

11.3. Any communication or material you do transmit to our Website by electronic mail or otherwise will be treated as non-confidential and non-proprietary. Anything you transmit or post may be used by us or our affiliates for any purpose, including, but not limited to, reproduction, disclosure, transmission, publication, broadcast and posting. Furthermore, we are free to use any ideas, concepts, know-how, or techniques contained in any communication you send to us via the contact details provided on our Website for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products using such information.

Thank you for visiting our Website.